The recent tragic accident in Arizona involving an autonomous
vehicle and a pedestrian raises some important questions about
liability. While not yet available to consumers, self-driving cars
are being tested on streets throughout the United States and Canada
in order to fine-tune and develop the emerging technology with the
ultimate goal of reducing collisions involving motor vehicles.
The question this unfortunate accident raises is who is at
fault? Is it the test driver behind the wheel? The manufacturers of
sensors or radar? The developer of the software? The owner of the
vehicle? Or was it purely contributory negligence on the part of
the pedestrian?
In Ontario, the Highway Traffic Act (HTA) has created a
reverse onus on the drivers of automobiles involved in collisions
with pedestrians. Section 193(1) reads:
